Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter V: Arrest of Persons
Section 35: When police may arrest without warrant
In plain words
This section says when the police can arrest without a warrant or a Magistrate's order.
- For a cognizable offence committed in a police officer's presence.
- For a cognizable offence punishable with up to seven years, with or without fine, only if the officer believes the person did it and arrest is necessary, for example to prevent further offences or protect evidence. Reasons must be recorded.
- For a cognizable offence punishable with more than seven years, with or without fine, or with death, on credible information and reason to believe.
- Proclaimed offenders, people found with suspected stolen property, people who obstruct police or escape custody, suspected deserters and people wanted for extradition can also be arrested.
- Where arrest is not needed, the police must issue a notice to appear. A person who keeps complying should not be arrested unless the officer records reasons.
- For an offence punishable with less than three years, an infirm person or one above sixty years of age needs permission from an officer not below Deputy Superintendent of Police before arrest.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Read the in-depth explanation, with key Supreme Court rulings ↓
Official text
(1) Any police officer may without an order from a Magistrate and without a warrant, arrest any person—
(a) who commits, in the presence of a police officer, a cognizable offence; or
(b) against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence punishable with imprisonment for a term which may be less than seven years or which may extend to seven years whether with or without fine, if the following conditions are satisfied, namely:—
(i) the police officer has reason to believe on the basis of such complaint, information, or suspicion that such person has committed the said offence;
(ii) the police officer is satisfied that such arrest is necessary—
(a) to prevent such person from committing any further offence; or
(b) for proper investigation of the offence; or
(c) to prevent such person from causing the evidence of the offence to disappear or tampering with such evidence in any manner; or
(d) to prevent such person from making any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the police officer; or
(e) as unless such person is arrested, his presence in the Court whenever required cannot be ensured, and the police officer shall record while making such arrest, his reasons in writing:
Provided that a police officer shall, in all cases where the arrest of a person is not required under the provisions of this sub-section, record the reasons in writing for not making the arrest; or
(c) against whom credible information has been received that he has committed a cognizable offence punishable with imprisonment for a term which may extend to more than seven years whether with or without fine or with death sentence and the police officer has reason to believe on the basis of that information that such person has committed the said offence; or
(d) who has been proclaimed as an offender either under this Sanhita or by order of the State Government; or
(e) in whose possession anything is found which may reasonably be suspected to be stolen property and who may reasonably be suspected of having committed an offence with reference to such thing; or
(f) who obstructs a police officer while in the execution of his duty, or who has escaped, or attempts to escape, from lawful custody; or
(g) who is reasonably suspected of being a deserter from any of the Armed Forces of the Union; or
(h) who has been concerned in, or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been concerned in, any act committed at any place out of India which, if committed in India, would have been punishable as an offence, and for which he is, under any law relating to extradition, or otherwise, liable to be apprehended or detained in custody in India; or
(i) who, being a released convict, commits a breach of any rule made under sub-section (5) of section 394; or
(j) for whose arrest any requisition, whether written or oral, has been received from another police officer, provided that the requisition specifies the person to be arrested and the offence or other cause for which the arrest is to be made and it appears therefrom that the person might lawfully be arrested without a warrant by the officer who issued the requisition
(2) Subject to the provisions of section 39, no pn.erson concerned in a non-cognizable offence or against whom a complaint has been made or credible information has been received or reasonable suspicion exists of his having so concerned, shall be arrested except under a warrant or order of a Magistrate.
(3) The police officer shall, in all cases where the arrest of a person is not required under sub-section (1) issue a notice directing the person against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence, to appear before him or at such other place as may be specified in the notice.
(4) Where such a notice is issued to any person, it shall be the duty of that person to comply with the terms of the notice.
(5) Where such person complies and continues to comply with the notice, he shall not be arrested in respect of the offence referred to in the notice unless, for reasons to be recorded, the police officer is of the opinion that he ought to be arrested.
(6) Where such person, at any time, fails to comply with the terms of the notice or is unwilling to identify himself, the police officer may, subject to such orders as may have been passed by a competent Court in this behalf, arrest him for the offence mentioned in the notice.
(7) No arrest shall be made without prior permission of an officer not below the rank of Deputy Superintendent of Police in case of an offence which is punishable for imprisonment of less than three years and such person is infirm or is above sixty years of age
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 12 September 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Understanding this section
Section 35 combines sections 41 and 41A of the CrPC: arrest without warrant, and the notice of appearance where arrest is not required. It adds one new safeguard for elderly and infirm persons.
Arrest without warrant
For offences punishable up to seven years, the officer may arrest only if he has reason to believe the person committed the offence and is satisfied that arrest is necessary for a listed reason, recording reasons both for arresting and for not arresting.
Notice instead of arrest
Sub-sections (3) to (6) carry forward section 41A: where arrest is not required, the officer shall issue a notice of appearance. A person who complies is not to be arrested save for recorded reasons; failure to comply may lead to arrest.
New: elderly and infirm persons
Sub-section (7): no arrest can be made without the prior permission of an officer not below the rank of Deputy Superintendent of Police, for an offence punishable with less than three years, where the person is infirm or above sixty years of age.
Same safeguards from case law
The Supreme Court's directions under the CrPC, including the checklist for police and the Magistrate's duty to check compliance before authorising detention, continue to apply.
Key Supreme Court rulings
Arnesh Kumar v. State of Bihar 2014 INSC 463
Decided under sections 41 and 41A of the CrPC. Arrest for offences punishable up to seven years requires recorded satisfaction on the statutory factors; notice of appearance must be issued where arrest is not required.
Satender Kumar Antil v. Central Bureau of Investigation 2022 INSC 690
The arrest and notice provisions are facets of Article 21; non-compliance entitles the accused to bail.
Common mistakes
- Arresting a person above sixty for a minor offence without DSP permission.
- Skipping the notice of appearance where arrest is not required.
Read with: Section 187 BNSS, Section 41 CrPC, Section 41A CrPC
Prepared with AI assistance as a study aid. Every ruling listed was checked against the Supreme Court's own judgments on this site, and quoted words appear in those judgments; linked names open the full judgment. Read the judgments themselves before relying on them. Not legal advice.
Supreme Court judgments citing the section 35
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Mihir Rajesh Shah v. State of Maharashtra and Another
Whether in each and every case, even arising out of an offence under Penal Code, 1860 now Bharatiya Nyaya Sanhita, 2023 would it be necessary to furnish grounds of arrest to an accused either before arrest or forthwith…
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Satender Kumar Antil v. Central Bureau of Investigation & Anr.
Issue arose as to whether the usage of electronic communication can also be extended to the procedure governing the service of a notice, contemplated u/s.35 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
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Vihaan Kumar v. State of Haryana & Anr.
The main issue canvassed by the appellant in this appeal is the violation of the appellant’s right under Article 22(1) of the Constitution of India as the appellant was not informed of the grounds for his arrest.